Ontario Long-Term Disability Lawyers

Protecting those can no longer work – and who have been denied their disability benefits. 

Denied Long-Term Disability Lawyers in Hamilton, Ontario serving the disabled Nationwide.

Have your Disability Benefits been Terminated or Wrongfully Denied? No matter where you are in Canada, our Disability Lawyers can help fight to get your disability benefits back on track.

Have you been wrongfully denied or cut-off your long-term disability benefits? You are not alone. Our disability lawyers have seen it time and time again. You’ve paid some or all of your premiums on every single paycheck – and now – your disability insurance company refuses to pay your monthly disability benefits. They’ve told you that you can go back to work and “do something”. They say your condition has improved. They say that you no longer “qualify” for long-term disability benefits because you you do not meet the company’s definition of total disability. They say that your are fine to get back to work and “do something” – when this is not how disability law works.

If you’ve been on disability benefits for two years – your disability insurance company might be telling you that you do not meet the change of definition. Even worse, your disability insurer might be ignoring your doctor’s clinical advice that you remain off work. They say that if you want your disability denial overturned, you have 30 days to file an “internal appeal” with their appeals committee.

Because your disability insurance company has denied or abruptly cut-off your long-term disability benefits you’re left without monthly income to pay your bills, to pay your insurance, your mortgage, or to simply survive. You’re frustrated, and left in a state of both confusion and financial despair, still suffering from your disability and left without income in a time of need.

Unfortunately, most policyholders don’t know where to turn when they’ve been denied long-term disability benefits, they don’t know they can appeal and fight these decisions, or they get so exhausted and frustrated dealing with endless requests for paperwork and medical documentation – all while suffering from a disability – that they simply give up.

Why is my Disability Insurance Company it telling me to file an Internal Appeal?

Unfortunately, once your long-term disability claim has been denied or your disability benefits have been terminated, your options are quite limited as to what you can do.

  • You can file an internal appeal – which is what your insurance company wants you to do; or
  • You can hire an experienced long-term disability lawyer to fight for you or;
  • You can accept the denial.

Once a long-term disability claim has been denied, your disability insurance company may offer you the chance to appeal the denial of your long-term disability benefits. They may advise you that they have a “streamlined” or “fast-track” appeals process which is efficient, and that their disability appeals team will promise to review any new supporting documentation that you choose to submit.

The question is – do internal appeals really work? Is it worth the effort? The reality is that internal “appeal committees” are not independent bodies. The committee is made up of employees who are paid by the same insurance company that originally declined your long-term disability claim. There is no impartial deciders – no matter what they say.

Most disability insurance companies say that it can take up to 3 months – and when the appeal is denied, you are not only 3 more months without income – but your potential legal claim for the wrongful denial of benefits is now simply further delayed. Remember, long-term disability insurance is supposed to protect you financially by providing you with a monthly income replacement benefit during a time when you can no longer work. Over the past 20 years, we can count the number of successful internal appeals on one hand. Remember, the longer you wait to hire an Ontario disability lawyer, the longer you wait to get your benefits back on track.

Can I hire my own Disability Lawyer to fight for me?

If you been wrongfully denied or cut off your long-term disability benefits, the answer is yes, you can and you should consider hiring an experienced Ontario long-term disability lawyer. You have enough to worry about in terms of taking care of your health and medical treatment. Long-Term disability litigation is complex medical legal litigation – and the last thing you need while suffering is the pressure of dealing with a faceless company who has no interest in helping you. Your disability insurance company does not care about what you’re going through in your life, about your finances, that you no longer have money to pay your bills or that you are struggling with your disability. Many if not most claimants have their claims denied outright and do not know how to navigate the additional complexities of the appeals process. Experienced long term disability insurance lawyers can provide invaluable assistance at all stages of the claims process.

If your disability insurance benefits have been terminated, our team of Ontario long-term disability lawyers can help you. We have helped hundreds of people who have been denied their long-term disability benefits. You need an experienced disability law firm on your side because the litigation rules can get very complicated, very fast. When you hire our disability lawyers, we file your case immediately and fight to get your benefits back on track.

How can an Ontario Long-Term Disability Lawyer help me?

Our Ontario disability law firm is one of the only law firms in Canada that specializes in fighting long-term disability insurance denials. Since 1984, we have represented thousands of disabled people who have been cut off or denied long-term disability benefits. A disability claim is a medical legal case which can be very complicated, so it’s important to have an experienced Ontario disability lawyer on your side.

Our lawyers will review your case for free, explain how the disability process works, evaluate the strength of your case and help you understand your options and the disability laws in Ontario. If we decide to work together, we will gather all of your relevant medical records and file a claim against your disability insurance carrier without delay to start the legal process. We will fight to have your long-term disability benefits reinstated so that you can re-balance financially. We work with the best experts in Ontario to ensure that your burden of proving total disability is discharged and that you are paid the monthly benefits that you deserve. We will prepare your care, prepare you to provide testimony if required and represent you through to settlement or trial.

You can decide to represent yourself throughout the internal appeals process – however it is never recommended that you represent yourself in regard to any litigation against the disability carrier. Disability cases are complex, filing the lawsuit is complex, preparing the file and attending discoveries is not an easy process – and in the end, most claimants do not know about offsets, subrogation rights and present value discounts. We have extensive experience with representing disability claimants, and would recommend that you call us to talk about your case.

How much does it cost to hire a Disability Lawyer?

The only recourse for disability claimants who have been denied their long-term disability benefits is to hire a plaintiff lawyer with experience in disability insurance litigation and the resources to handle it.  Disability insurance law however, is very expensive to litigate – and the longer the case lasts, the more expensive it gets.  For many lower income and other disadvantaged groups, obtaining legal services is often difficult, if not impossible because of the lack of economic resources. As a result, many plaintiffs are left without viable access to a real remedy.  The problems is that the legal profession, in a sense, has priced itself beyond the majority of society.  Average hourly legal fees can amount to hundreds of dollars. Trials can cost upwards of tens of thousands of dollars per week. 

Our Ontario disability lawyers understand that disability claimants who are denied or cut off their long-term disability benefits do not have the funds to pay a lawyer.  In many cases, the disability payment is their only source of income. Thankfully, meaningful access to justice can be obtained for disability claimants by way contingency fees – meaning that legal fees are paid only when the case is concluded and only paid if the claim is successful.

With our disability law firm you NEVER pay anything up front – no matter what the circumstance. The fee is always free – you only pay if we win your case.

imgMatt Lalande – Lalande Disability Lawyers


How do I qualify for long-term disability benefits?

Qualifying for long-term disability benefits can be a complex and frustrating process. With most Canadian long-term disability policies, you as the claimant, must first show that you are unable to perform the substantial duties of your own occupation. This means that you must be unable to do the work that you were doing at time of the onset of your disability. It does not matter what the you are suffering from – whether it is a chronic illness, chronic disease, chronic injury, a mental health issue, a psychological issue, trauma or an auto-immune disorder – you have the burden of proving that you suffer from a total disability as it is defined withing your individual or group policy.

After 24 months, most long-term disability policies incorporate what is called a “change of definition (COD)” which means that the definition of total disability changes from being unable to perform the substantial duties of your “own occupation” to to those of “any occupation” for which you may be suited by way of education, training or experience. The onus is on the you as the claimant to prove eligibility under both definitions of total disability (“own occupation” and “any occupation”)1MacDonald v. Mutual of Omaha Insurance Co. (1987), 36 D.L.R. (4th) 492 (N.S.C.A.). (at para. 26)

If you are able to perform the duties of a menial occupation, you may still qualify for long-term disability benefits. This theory was set out in a case called Labelle v. Great West Life where Judge Proudfoot J. construed an “any occupation” definition of total disability as “notwithstanding this all-embracing definition, this does not mean that the person is not entitled to the benefit if he is so sick that he can take on only trivial or inconsequential work, or work for which he is over-qualified, or work for which he is completely unsuited by background.

What is the test to determine whether someone is totally disabled?

The most often cited test to determine whether an individual is totally disabled was stated by Laskin C.J. in a case called Paul Revere at 546: The test of total disability is satisfied when the circumstances are such that a reasonable person would recognize that he or she should not engage in certain activity even though he literally is not physically unable to do so. In other words, total disability does not mean absolute physical inability to transact any kind of business pertaining to one’s occupation, but rather that there is a total disability if the insured’s injuries are such that common care and prudence require him to desist from his business or occupation in order to effectuate a cure; hence, if the condition of the insured is such that in order to effect a cure or prolongation of life, common care and prudence will require that he cease all work, he is totally disabled within the meaning of health or accident insurance policies.

Have your long-term disability benefits been terminated at the two year mark?

Many, if not most disability insurance companies tend to terminate long-term disability benefits at the two year mark or what is otherwise known as the “change of definition”. Typically, in most disability policies, for the first 24 months of disability, a claimant must be unable to complete the substantial duties of his or her own job – otherwise known as a total disability in terms of a claimant’s “own occupation”.

Then, after 24 months, the definition of total disability changes (change of definition). A claimant, after 24 months, must be unable to complete the duties of any occupation for which he or she is suited by education, training or experience – otherwise known as a total disability in terms of “any occupation”.

Disability insurance companies tend to terminate long-term disability benefits at this juncture in the claim – often over-riding the claimants own doctors and coming to the conclusion that the claimant can do “some type of work”. Often times – this is not the case. If this happens it is vital that you speak to a long-term disability lawyer to assess your legal options.

Disability Conditions that we can help with

Suffering from a serious disability can not only be life-altering, but it can be financially devastating. Time and time again our long-term disability lawyers have seen individual struggle with mental and physical impairments that interfere with the ability to hold down a job and earn income.

Disability Conditions we can help with



Why insurance companies deny long-term disability benefits 

How can a disability lawyer help you

Have your disability been cut-off after two years?

What is a total disability?

What does it mean when my adjuster is saying “own vs any occupation mean”

Our disability lawyers have litigated against all major canadian disability carriers

 Why is my disability carrier telling me to apply for CPP Disability?

Common Questions about Long-Term Disability 



Long-Term Disability and Mental Health – the invisible injuries 

How much can I receive on disability in Ontario?

Can I settle my disability claim for a lump-sum?

Frequently Asked Questions

Nullam eget pharetra nisl. Nam volutpat interdum molestie. Aenean eget egestas lectus. Donec purus magna, hendrerit nec tincidunt et, mattis sit amet metus. Proin fermentum tristique erat, id sodales risus mollis et. Etiam egestas lectus tortor, et vestibulum odio rhoncus luctus. Vestibulum magna purus, mollis sit amet ante ut, pharetra consectetur libero.

If your disability claim was wrongfully delayed or denied, you should consult an experienced Hamilton disability lawyer who focuses on disability insurance cases.

We understand that being denied or cut-off long-term disability insurance can be financially disastrous to people that rely on their monthly benefits. Most claimants that we speak to are often surprised and caught off guard when they’re denied benefits. If you are like most disability insurance policyholders, you too are probably surprised by your claim denial. You paid the premiums, privately or through work, for your policy as agreed. You expected to receive your benefits as agreed – and then your turned away.

It’s important that you do not delay in contacting a disability lawyer that can help you get your disability benefits back on track. An experienced disability lawyer can provide you with proper guidance and advice on how to advance and appeal your denied disability claim. Our disability lawyers are experienced with marshaling the medical evidence needed to assist you in proving that you satisfy your policy’s definition of today disability – either being your own occupation or any occupation to which you are reasonably trained. Remember – the longer you wait, the longer it will take to get your monthly benefits started again.

If your disability claim was wrongfully delayed or denied, you should consult an experienced Hamilton disability lawyer who focuses on disability insurance cases.

We understand that being denied or cut-off long-term disability insurance can be financially disastrous to people that rely on their monthly benefits. Most claimants that we speak to are often surprised and caught off guard when they’re denied benefits. If you are like most disability insurance policyholders, you too are probably surprised by your claim denial. You paid the premiums, privately or through work, for your policy as agreed. You expected to receive your benefits as agreed – and then your turned away.

It’s important that you do not delay in contacting a disability lawyer that can help you get your disability benefits back on track. An experienced disability lawyer can provide you with proper guidance and advice on how to advance and appeal your denied disability claim. Our disability lawyers are experienced with marshaling the medical evidence needed to assist you in proving that you satisfy your policy’s definition of today disability – either being your own occupation or any occupation to which you are reasonably trained. Remember – the longer you wait, the longer it will take to get your monthly benefits started again.

If your disability claim was wrongfully delayed or denied, you should consult an experienced Hamilton disability lawyer who focuses on disability insurance cases.

We understand that being denied or cut-off long-term disability insurance can be financially disastrous to people that rely on their monthly benefits. Most claimants that we speak to are often surprised and caught off guard when they’re denied benefits. If you are like most disability insurance policyholders, you too are probably surprised by your claim denial. You paid the premiums, privately or through work, for your policy as agreed. You expected to receive your benefits as agreed – and then your turned away.

It’s important that you do not delay in contacting a disability lawyer that can help you get your disability benefits back on track. An experienced disability lawyer can provide you with proper guidance and advice on how to advance and appeal your denied disability claim. Our disability lawyers are experienced with marshaling the medical evidence needed to assist you in proving that you satisfy your policy’s definition of today disability – either being your own occupation or any occupation to which you are reasonably trained. Remember – the longer you wait, the longer it will take to get your monthly benefits started again.

If your disability claim was wrongfully delayed or denied, you should consult an experienced Hamilton disability lawyer who focuses on disability insurance cases.

We understand that being denied or cut-off long-term disability insurance can be financially disastrous to people that rely on their monthly benefits. Most claimants that we speak to are often surprised and caught off guard when they’re denied benefits. If you are like most disability insurance policyholders, you too are probably surprised by your claim denial. You paid the premiums, privately or through work, for your policy as agreed. You expected to receive your benefits as agreed – and then your turned away.

It’s important that you do not delay in contacting a disability lawyer that can help you get your disability benefits back on track. An experienced disability lawyer can provide you with proper guidance and advice on how to advance and appeal your denied disability claim. Our disability lawyers are experienced with marshaling the medical evidence needed to assist you in proving that you satisfy your policy’s definition of today disability – either being your own occupation or any occupation to which you are reasonably trained. Remember – the longer you wait, the longer it will take to get your monthly benefits started again.

If your disability claim was wrongfully delayed or denied, you should consult an experienced Hamilton disability lawyer who focuses on disability insurance cases.

We understand that being denied or cut-off long-term disability insurance can be financially disastrous to people that rely on their monthly benefits. Most claimants that we speak to are often surprised and caught off guard when they’re denied benefits. If you are like most disability insurance policyholders, you too are probably surprised by your claim denial. You paid the premiums, privately or through work, for your policy as agreed. You expected to receive your benefits as agreed – and then your turned away.

It’s important that you do not delay in contacting a disability lawyer that can help you get your disability benefits back on track. An experienced disability lawyer can provide you with proper guidance and advice on how to advance and appeal your denied disability claim. Our disability lawyers are experienced with marshaling the medical evidence needed to assist you in proving that you satisfy your policy’s definition of today disability – either being your own occupation or any occupation to which you are reasonably trained. Remember – the longer you wait, the longer it will take to get your monthly benefits started again.

Do I Have A Disability Case?

FREE CONSULTATIONS & CASE REVIEW

If you’ve been denied disability or your benefits have been terminated – fill in the form below.  We are more than happy to review your case and get right back to you.

    Disability Conditions
    We Can Help With

    Lorem ipsum dolor sit amet consectetur adipiscing finibus neque tinciduns pendisse

    view conditions

      “Matt Lalande helped me attain my long-term disability benefits. The denial of benefits caused me substantial stress on top of my existing condition. Matt Lalande and his team were very understanding and explained the whole process clearly. They were confident that we would be successful. Dealing ...

      Cheryl Oddie

      Long-Term Disability

      My experience with Mr. Matt Lalande and his team was exceptional. Matt is a very impressive professional when involved in a long-term disability benefits denial. Matt and Heather responded to all my emails and phone calls in a prompt and efficient manner. Matt is a great and honest lawyer. I highly reco...

      Payne Momich

      Long-Term Disability

      “Matt helped with my disability benefits. Matt is no doubt very busy, but he always made time to talk when I made an appointment. Even on the weekends. Really impressed about how much he knew about me at mediation. Knows disability stuff really really well.”

      Barb Quinville

      Long-Term Disability

    view all testimonials

    LIFE INSURANCE DENIAL

    $750,000

    view all case results